E-Paper
Sena councillor gets bail in assault case, directed to stay out of Maharashtra
The court said the probe was nearing completion, and the accused could not be kept behind bars indefinitely, while transferring the case to a fast-track court
The Bombay high court on Friday granted bail to Shiv Sena councillor Ramesh Mhatre and a co-accused, days after they were arrested for allegedly assaulting doctors and staff members at a hospital in Dombivali, on the condition that the accused stay out of Maharashtra at least until a charge sheet is filed and charges are framed.
A bench of Acting Chief Justice Ravindra Ghuge and Justice Gautam Ankhad said the investigation was nearing completion, and the accused could not be kept behind bars indefinitely, while transferring the case to a fast-track court in Kalyan.
“Rule of democracy is that the elected representative is by the people and for the people. If an elected representative is accused of assaulting his own voters, such a situation is bound to dent the fabric of democracy,” the bench said. It directed the accused to avoid contacting the witnesses and their relatives, or tampering with evidence. The bench warned of action if bail conditions are violated.
“After a charge sheet is filed, they [accused] may be allowed to enter Maharashtra. All the accused are directed to surrender their passports to the concerned magistrates...none of them would indulge in committing any offence of any nature whatsoever and would cooperate with the trial.”
The bench ordered the Kalyan Dombivli Municipal Corporation (KDMC) to ensure police protection for the doctors and the other victims. It added that no disciplinary action would be taken against the three doctors if they decline to work in view of the incident.
The court noted only forensic reports were awaited. It directed the state to file a charge sheet within 10 days of receiving the forensic report. The high court ordered the trial court to frame charges within seven working days thereafter. It warned the prosecution and the defence against seeking unnecessary adjournments so the trial proceeds without any further delay.
Mhatre, a KDMC councillor, assaulted doctors and nurses at the Shastri Nagar Municipal Hospital on July 6. He surrendered on July 19 and was arrested along with co-accused Ramesh Pawar, Pramod Nikam and Akshay Karande.
On July 14, a magistrate’s court in Kalyan granted bail to all four accused. The high court took suo motu cognisance of the bail order and stayed it, saying it was “unjustified” as 18 criminal cases were registered against Mhatre over 36 years.
On July 26, the high court directed that the probe into the assault be transferred to a deputy police commissioner-rank officer within two days, and victims and witnesses be provided security.
